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Download power of attorney form in Microsoft Word format.
Durable Power of Attorney Form: Preparing for the Worst
Do you need a power of attorney form that will continue to remain in effect even if you become mentally incompetent or unable to make your own financial or medical decisions? If so, you will probably need a durable power of attorney form. This is a bit different than general power of attorney, but it may be your best protection should the worst befall you. In a general power of attorney, a person grants certain powers and permissions to another individual to conduct financial transactions or make medical decisions on their behalf. However, unless certain durability provisions are also contained in the document, it will become null and void from a legal standpoint should the granter become mentally incompetent due to accident or illness. A durable power of attorney form will ensure the granter’s interests are protected even after they become incapacitated.
Durable Power of Attorney: Two Types
There are two types of power of attorney, both of which are meant to protect you should you become medically unable to make your own decisions. The first type is a power of attorney that is already in effect, and contains a durability provision to ensure it will remain in effect should the principal become incapacitated. Many people, especially the elderly, who are too ill to handle their financial affairs—banking, real estate transactions, taxes, etc.—and/or medical decisions, will grant power of attorney to an adult child or another family member or friend. This document serves as legal permission to make decisions and conduct transactions on the granter’s behalf, and when a durability provision is also added to the document, it ensures that it will remain in effect should mental incompetence be established.
The second type of durable power of attorney, also called a springing power of attorney, does not immediately go into effect, but rather lays dormant until the granter becomes mentally incompetent. Just like the first type, these permissions are also written on a durable power of attorney form; however, these permissions are designed to prepare for the possibility of mental incompetence and are not active until mental incapacitation is confirmed by a doctor.
Durable Power of Attorney: Who Should You Choose
If you decide you need a durable power of attorney form—for either of the two types of power of attorney mentioned above—the first thing you’ll need to do is to ask and select someone who will act as your agent. Despite what the name implies, an agent need not be a lawyer, but it is very important that you select someone you can trust, such as a close friend or family member. This person will be responsible for many important financial and health care issues, so you need to ensure that he/she is both competent and honorable, someone who will look after your best interests, without abusing the powers you grant them.
If the whole idea of a durable power of attorney form sounds a bit frightening or intimidating, keep in mind that there are certain protections in these documents designed to protect your interests. While an agent cannot be held responsible for an unintentional mistake, he/she can be held legally responsible for intentional misconduct, and even be prosecuted under the law.